RASHEED M Vs. NAVARAJAN UNNI

JUDGEMENT

(1.) The petitioner is the accused in a prosecution under Sec.138 of the N.I. Act. Signature in the cheque is admitted. The short contention is that the entries were made by the complainant at his own whims and fancies. The cheque was sent to the expert. Expert's report has been obtained. The expert is a Scientific Assistant in the Forensic Science Laboratory, Trivandrum.

(2.) The petitioner wanted the Scientific Assistant to be examined in court. The learned Magistrate considered the said request and found the same to be one without any bona fides or merit. Accordingly, the petition was dismissed. The petitioner has come to this Court with this petition under Sec.482 of the Cr.P.C. to quash the said order passed by the learned Magistrate.

(3.) A revision against the impugned order is statutorily barred in law under Sec.397(2) of the Cr.P.C. That obviously is the reason why the petitioner has come to this Court with this petition under Sec.482 of the Cr.P.C. Under law, a revision against the impugned order is barred. One should expect the petitioner to wait to challenge the order, if necessary, along with the final order to be passed in the proceedings. Of course, in an exceptional case where failure or miscarriage of justice is likely to result, this Court would be justified in invoking its powers under Sec.482 of the Cr.P.C.